A. A massage permit validly issued pursuant to this chapter shall be subject to suspension or revocation for the following reasons:
1. The permittee, any of its employees, or massage therapists working for permittee as independent contractors engages in any of the prohibited activities described in Section 5.22.290;
2. The permittee, any of its employees, or massage therapists working for permittee as independent contractors are convicted of any of the following: (a) pandering as set forth in California Penal Code Section 266(i), (b) keeping or residing in a house of ill-fame as set forth in California Penal Code Section 315, (c) keeping a disorderly house as set forth in California Penal Code Section 316, (d) prevailing upon a person to visit a place of illegal gambling or prostitution as set forth in California Penal Code Section 318, (e) lewd conduct as set forth in California Penal Code Section 647(a), or (f) prostitution activities as set forth in California Penal Code Section 647(a) or (b);
3. The permittee, any of its employees, or massage therapists working for permittee as independent contractors are convicted in any other state of any offense which, if committed or attempted in this state, would have been punishable as one or more of the offenses set forth in California Penal Code Sections 266(i), 315, 316, 318, or 647(a) or (b);
4. The permittee, any of its employees, or massage therapists working for permittee as independent contractors are required to register as a sex offender as set forth in California Penal Code Section 290;
5. The permittee, any of its employees, or massage therapists working for permittee as independent contractors are convicted of any felony offense involving the sale of any controlled substance specified in California Health and Safety Code Sections 11054, 11055, 11056, 11057, or 11058;
6. The permittee, any of its employees, or massage therapists working for permittee as independent contractors are convicted in any other state of any offense which, if committed or attempted in this state, would have been punishable as a felony offense involving the sale of any controlled substance specified in California Health and Safety Code Sections 11054, 11055, 11056, 11057, or 11058;
7. The permittee fails to provide information pursuant to Section 5.22.230;
8. A certified statement from the real property owner is received by the city indicating that the permittee is not authorized to operate, run, or manage a massage establishment on the subject premises;
9. The actual physical configuration of the premises does not conform with the sketch or diagram submitted with the approved application;
10. It is discovered by the city manager that information contained in the approved application was false;
11. Permittee has knowledge that a client has contracted a communicable disease such as tuberculosis or a sexually transmitted disease from the permittee, any of permittee's employees, or any massage therapists working for permittee as an independent contractor through physical contact with the permittee or permittee's employees during the course of providing massage therapy services pursuant to a massage therapy permit;
12. The permittee, any of permittee's employees or any massage therapists working for permittee as an independent contractor refuse to permit representatives of the city, including, but not limited to police department, development services/planning department, building and safety division, fire department, health department and divisions thereof, to inspect the premises of a massage establishment pursuant to Section 5.24.100;
13. The permittee fails to comply with any of the provisions or requirements set forth in this chapter.
B. The city manager shall cause a notice of revocation to be mailed by first class certified mail, postage prepaid, to the address provided in the permit application.
C. A person issued a notice of permit revocation may request a public hearing on the issue by submitting a written request for such hearing to the city clerk within ten (10) days of mailing of the notice. As soon as practicable after receiving the hearing request, the city manager's office shall set a date for the hearing where all persons interested shall be given an opportunity to be heard. The public hearing shall take place before the hearing officer, who shall hear all facts and testimony he or she deems pertinent. The hearing officer shall not be limited by the technical rules of evidence.
D. Following the hearing, the hearing officer may find that the facts do or do not support a revocation of a permit and may order that a permit be revoked if the facts justify such determination. The hearing officer shall render his or her decision within fifteen (15) days of the conclusion of the hearing, unless the parties agree otherwise. The hearing officer shall notify the licensee in writing of the decision. The decision of the hearing officer shall be final.
E. When the city has issued a notice of revocation, the city manager may order the permit suspended pending a hearing on appeal or the expiration of the time to appeal the notice of revocation.
(Ord. 423 § 1, 2023)